Sheriff Principal defends judicial independence in Law Society annual dinner address

Guest speaker Sheriff Principal Aisha Anwar KC (Hon), who in 2023 was the first woman to be appointed Sheriff Principal of Glasgow and Strathkelvin, delivered a powerful address as she spoke of her career and the motivation to be part of the justice system from childhood, at the prestigious Law Society of Scotland annual dinner on Friday, 27 April.

Speaking to more than 250 guests at Glasgow’s Kelvingrove Art Gallery and Museum, she also highlighted that the independence of the legal profession and the judiciary was a necessity, often acting as the last line of defence between the individual and the state, saying:

“The independence of the legal profession is not a privilege—it is a necessity. You are, in many cases, the last line of defence between the individual and the state. That duty is not always comfortable. The Scottish legal profession has a proud tradition of taking on difficult causes, of representing unpopular clients and of speaking plainly to those in authority. That tradition must be protected—not just in principle, but in practice. That means standing up for the right to advocate, even when the case is controversial. That also means speaking out against descriptions of lawyers as “lefties” or “activists”.

“The same holds true for judicial independence.  Recent descriptions of judges as “enemies of the state” or courts as “bigoted or prejudiced”, descriptions which question their impartiality and their motives for making decisions are deeply concerning whether those comments come from members of Parliament or from the media, they will find their way into public discourse and they will over time undermine confidence in the legal system and the respect for the rule of law. 

“Scotland’s judiciary has long been respected for its independence and its restraint. But that independence cannot be assumed. It must be defended. Judicial independence is not just about how judges are appointed, nor how they make decisions. It is about a deeper cultural understanding—that judges are not accountable to popularity, or partisanship, or even pressure from within the legal system itself. Our only master is the law.

“That position is difficult, especially in an age of social media, headline outrage, and reactive governance. But the legal profession and the judiciary do not operate on the basis of comfort; we operate on the basis of principle.

“And let me say this clearly: defending judicial and legal independence is not about shielding ourselves from criticism. Criticism of our decisions, when fair, is central to public discourse and accountability.  Criticism of our personal motivation or personality is not.  When criticising a judicial decision, or a solicitor representing an unpopular client, the individual criticising ought to recognise that destructive criticism, while permitted in a free society, carries a price tag for the justice system itself. Judicial independence gives us the space to listen, reflect, and respond without fear—and without becoming instruments for other agendas.  At a time when legal systems around the world are being tested—when the lines between law, politics, and public opinion are increasingly blurred—we must be clear that an independent legal profession and an independent judiciary remain vital.”

Law Society of Scotland President Susan Murray in her address to assembled guests said her year in office brought to the fore that  “law is very much a people business, and that solicitors are part of one profession, whether they work in big city firms, small rural firms or in-house. Their aims and values align, and I have been privileged to meet so many talented people who are part of the legal profession in Scotland or who have an interest in the Society.” 

She highlighted the progress made over the past 12 months, stating that it been a highly significant year for the Society and its members in terms of both the Regulation of Legal Services Bill, and in relation to Legal Aid.

Commenting on the Legal Aid crisis, she said: “I have felt members’ deep frustration with our current Legal Aid system - and the determination of those who are still working within the system, to achieve change that will deliver viability and sustainability of aided legal support and allow far wider access to justice across Scotland.  

“We have reached a significant – but ongoing - stage, and I want to recognise the work of all those involved in the ongoing dialogue, within every relevant organisation, and at every level. I am hopeful that persistence and harnessing public interest on this issue will pay off – and that the urgent need to restore our Legal Aid system to good health will be achieved.”

She also gave thanks to the Society’s outgoing Chief Executive Diane McGiffen on her last day in the role for her significant contribution to the Society’s work over the last three years, stating that Diane had “developed a deep understanding of the Society, acted to improve how it operates, and has always reminded us of the importance of the Society providing value to our members.“ 

The event also raised more than £6,000 for the Lawscot Foundation which supports young people from less advantaged backgrounds who aspire to join the legal profession.